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INFORMATION SHEET • • 11 WASTE DISCHARGE REQUIRMENTS ORDER NO.R5-2002-XXXX MARLEY COOLING TOWER COMPANY STOCKTON, SAN JOAQUIN COUNTY organisms. However, its presence can be growth limiting to certain agricultural crops and TDS affects the taste of water for human consumption. The Regional Board has considered the factors specified in California Water Code (CWC) Section . 13263, including considering the provisions of CWC Section 13241 where appropriate. The Regional Board is not required to consider the factors in CWC Section 13241 in applying existing water quality objectives, including adopting the new monthly average TDS effluent limitation in this Order. The Regional Board must implement the CWC consistent with the Clean Water Act (CWA). The CWA precludes the consideration of costs when developing effluent limitations for NPDES permits necessary to implement water quality standards (See Ackels v. EPA(9`h Cir. 1993) 7 F.3d 862, 865-66). The Regional Board may consider costs in developing compliance schedules. The Regional Board finds, on balance, that these requirements are necessary to protect the beneficial uses of the Stockton Diverting Canal and the Calaveras River. This Order provides for time schedules for meeting this new average monthly effluent limitation. Time schedules are authorized to be included in this Order based upon 40 CFR Section 122.47. Currently, monthly average concentrations of TDS in the final effluent exceed the new effluent limitation established in this Order. As this is a new effluent limitation, the Discharger has not had an opportunity to provide a cost estimate for additional treatment or alternative disposal methods which may be necessary to comply with this limitation. A time schedule for compliance with this new TDS effluent limitations is provided in a Provision of this Order. Chlorine Results of monitoring submitted by the Discharger for the period of January 2001 through May 2002 indicate effluent chlorine residual concentrations have ranged from less than detectable concentrations to 0.2 milligrams per liter(mg/L, ppm) (13 June 2001). The Basin Plan does not provide a numeric water quality objective for chlorine,but the Basin Plan does contain a narrative toxicity objective. At p.III-9.00 the Basin Plan provides that relative to toxicity: "All waters shall be maintained free of toxic substances in concentrations that produce detrimental physiological responses in human,plant, animal, or aquatic life." At page 1,the USEPA's Technical Support Document for Water Quality-based Toxics Control (TSD)provides that "Where States have not developed chemical specific numeric criteria, States may interpret their narrative standards for specific chemicals by using EPA criteria updated with current quantitative risk values." The TSD further states on page 1 "The integrated approach must include the control of toxics through implementation of the "no toxics" criterion and/or numeric criteria for the parameter of toxicity, the control of individual pollutants for which specific chemical water quality criteria exist in a state's standard, as well as the use of biological criteria. Reliance solely on the chemical specific numeric criteria or the narrative criterion or biological criteria would result in only a partially effective State toxics control program."